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HomeMy WebLinkAbout2010-07-13 Board of Selectmen Handout - Part 1DRAFT MOTIONS Board of Selectmen 7-13-10 2a Move that the Board of Selectmen approve a Proclamation for the 20th anniversary of the Americans with Disabilities Act 2b Move that the Board of Selectmen approve a Certificate of Recognition for Margaret and Bill Veronelli recognizing their work with the Challenger Baseball program 2c Move that the Board of Selectmen approve Certificates of Appreciation for the following volunteers who are retiring and who have completed 5 or more years of service: Nancy Najmi Benjamin Ream Douglas Cowell Thomas Connery 3 Move that the Board of Selectmen accept the report of the- Volunteer Appointment Subcommittee and confirm the following appointments to the following Boards, Committees, and Commissions: Two Associate positions on the Economic Development Committee for terms expiring 6-30-11: Michelle Ferullo. Maria Higgins One Associate position on the Advisory Committee on Cities for Climate Protection for a term expiring 6-30-11 Ron D'Addario One position on the Advisory Committee on Cities for Climate Protection for a term expiring 6-30-12 Joan Boegel: One position on the RCTV Board of Directors for a term expiring 6-30- 2012 Joe Lachiana One Associate position on the recreation Committee for a term expiring 6030-11: John Winne One position on the Recreation Committee for a term expiring 6-30-12: Eric Hughes 3 One Associate position on the historical Commission for a term expiring 6- 30-11: Sharlene Reynolds Santo One position on the Historical Commission for a term expiring 6-30-13: Angela Binda 4b Move that the Board of Selectmen approve a Section 20(d) exemption from the MA Conflict of Interest laws pursuant to: the letter dated May 25, 2010 to Town Clerk Laura Gemme from Ellen Callahan Doucette from the firm of Brackett and Lucas; and further pursuant to the letter dated June 11, 2010 to Ms. Callahan Doucette from Deidre Roney, General Counsel to the State Ethics Commission. 4c Move that the Board of Selectmen close the Public hearing on the Revised Local Initiative Program (LIP) Regulations Move that the Board of Selectmen approve the Revised Local Initiative Program (LIP) Regulations as presented 4d Move that the Board of Selectmen adopt the "Town of Reading Hazard Mitigation Plan dated April 22, 2010" and noted as "draft for MEMA and FEMA Revi.ew 4e Move that the Board of Selectmen approve the "SELECTMEN'S 2011 LIAISON ASSIGNMENT" dated 7-13-10 5a Move that the Board of Selectmen approve the minutes of their meeting of June 22, 2010 (as amended) Move that the Board of Selectmen adjourn their meeting of July 13, 2010 at PM 4 TOWN MANAGER'S REPORT Tuesday, July 13, 2010 Administrative matters ® The meals tax goes into effect in Reading on October 1. o New Open Meeting Law regulations are in effect.as of July 1St • Meeting postings - detailed agenda • 48hr advance notice (not Saturdays) • Quick turnaround on Minutes (even if unofficial) • 24hr public access - at RPD; asking for electronic solution permission ® RCASA Youth Crew has received a mini-grant ($4,000) for policy work on tobacco. Special thanks to the Board of Health for their support! Community Development ® Reading Fall Street Faire Sunday 9/12 Public Works ® Water conservation reminder ® We have received the Environmental Notification Form for the Northern Intermediate High Service Area Water Distribution Redundancy, from the MWRA. It does not include proposals for water storage - it is solely pipeline work at this point. I have submitted a letter of support to the MWRA, and the Conservation Commission has also sent in a letter Construction proiects in progress or to be done this veer: ® Road Improvements. - Temple Street and Harrison Street are under construction ® Memorial Park Good progress Washington Park playground -The playground has been installed'. ® Killam School playground -.Bids are awarded ® Killam School Parking Lot improvements are under construction ® Barrows site master plan Process will begin in the summer after recreation staff have completed the JEMP, and gotten summer activities started. Dates and Events: ® Fall Street Faire, September 12 we ~.d 42a.,e 7 Page 1 of 4 Hechenbleikner, Peter From: Feudo, John Sent: Tuesday, July 13, 2010 4:24 PM To: Hechenbleikner, Peter Subject: FW: Sound System ---Reading Bulldogs HI Peter, Below is the response from John Halsey on behalf of the offending organization re: amplified sound. I have spoken with my Rec Committee Chair and we will be looking at the issue as a whole beginning with the establishment of a amplified sound sub- committee as soon a our next meeting, which is in August. Mr: Halsey's request below seems respectful and a somewhat reasonable attempt to make it work for all. I think they are willing to do whatever they need to do to satisfy the neighbors. I have always found John to be upstanding and very good with following through. Can we entertain some discussion with John and see if we can come up with something that might be reasonable in the meantime? Perhaps involve a BOS member? John John A. Feudo Recreation Administrator Town of Reading Office:781-942-9075 Fax: 781-942-5441 jfeu0ot7a ci.reading.ma.us Website: www,readinama.gov/recreation Ple,,_>e note new Town Hall Hours effective June 7, 2010:Monday, Wednesday and Thursday: 7:30 a.m - 5:30 f rn. l"ue,sday: 7.30 a.m. - 7:00 p.m. Friday: CLOSED Please let us know how we are doing - fill out our brief customer service survey at b tp.; read.in,gma- Survey.virtualtownhall.net/surv_ev/sid/9.1 b54a9276d612c7/ From: Sohn Halsey [mailto:JHalsey@thecolonygroup.com] Sent: Tuesday, July 13, 2010 4:03 PM To: Feudo, John Subject: Sound System ---Reading. Bulldogs Good Afternoon John I was disappointed to get you message regarding the amplified sound at our Reading Bulldogs games. However we have certainly followed your directions upon receiving you last email on the subject. Tonight will be our second home game since your note and of course this will be our second silent game. By way of explanation one of the requests we received as a new team in the Inter City League was to announce our games ( player at bat introductions) and provide at a minimum our National Anthem and appropriate between inning music if possible. A Reading based "Sound Company donated a sound system with the proviso that we share it with the Reading Youth Baseball as well as the Reading Babe Ruth League as they regularly have announcements and music especially including the National Anthem at all of their AIIStar games. Based on my previous exposure over many years of such games I made an assumption that if we did the same in good taste at an appropriate volume level that everything would be fine.......... my mistake and I apologize if we have created a problem. 7/13/2010 Page 2 of 4 In the hopes of reinstating our home game "sound" I propose the following plan for your review: . I would like to visit all the homes on Bancroft and Woodward as they are the only streets that are likely to hear our sound system. 1 would like to introduce myself and our team to each of the neighbors apologize for any inconvenience we may have caused due to sound level or parking: Ask their indulgence for some low volume resumption of our home game day activities and provide them with my cell phone number so if they experience any problems they could call me and I can. instantly correct the problem.This would be similar to the policy used of Fenway for Fan enjoyment with a direct call to security with.a problem. I would also provide.Jeff Pierce's number as he is present at all games as our statistician and manager of the scoreboard. If any problem, sound or otherwise was brought to either of our attention we would cause an immediate remedy. As you know both of us are very experienced at managing field, crowd and organizational issues. ® Further I would be certain at all times the speakers would be directed towards the field and away from any homes in the immediate neighborhood. ® Lastly, we would monitor and manage a low volume level on announcements and music. The goal would be to have a volume level that could be heard by the fans in the stands, the players benches and the immediate infield area, not by the surrounding neighbors. ® In other words, we would like to continue our original game day plans with little or no impact to the neighborhood we further, want to empower the neighbors with a name, face and contact point to immediately remediate any problem they are experiencing on the day of one of our home games. As you know I along with a small group of others have worked hard to raise private funds to turn Morton Field into a local Baseball showplace. The addition of the Reading Bulldogs and our game day activities especially during the'weekend afternoon games adds to the ambiance of a high talent level "wood bat " game on a beautiful venue. The sound system is a real compliment to the whole experience, and we hope it can continued in a way that works comfortably for all parties. I await your response and direction regarding this matter. Respectfully Submitted John jo!an R ..Mafiey Executive Vice President Chief Operations Officer jhalsey@th..ecolon_ygrou,p._com The Colony Group 2 Atlantic Avenue Boston MA. 02110 617-723-8200 6177742-0163 FAX www.thecolonygroup.com To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Feudo, John [mailto:jfeudo@ci.read ing.ma.us] Sent: Tuesday, July 06, 2010 5:19 PM To: John Halsey Cc: Hechenbleikner, Peter Subject: FW: 7/13/2010 Page 3 of 4 Hi ,John, Based on my email correspondence from the Town Manager Re: Complaints of Noise at Morton Field, I am asking for you to.go silent for your games effective immediately. There were multiple complaints about the music especially. The Town will be working to come up with a standard policy for amplified sound. Thanks for your attention and your time on the phone this afternoon. John John A. Feudo Recreation Administrator Town of Reading office: 781-942-9075 Fax: 781-942-5441 jfe.udaQci_.read ing,.ma.us Ah-.,bsite: www_readIngma.gov/recreation Please note new Town Hall Hours effective June 7, 2010:Monday, Wednesday and Thursday: 7:30 a.m - 5:30 ip.n).Tuesday: 7:30 a.m. - 7:00 p.m. Friday: CLOSED Please let us know how we are doing - fill out our brief customer service survey at http://readingma- survey.virtual.townhal:l.,.net/surveylsidJd_e8bdsa16db9e6b4i From: Feudo, John Sent: Tuesday, July 06, 2010 4:34 PM To: Hechenbleikner, Peter Subject: RE: Hi Peter, This is just some food for thought. I can of course just pull their plug ...but I thought this was worth a little more discussion. Is there a reasonable level in which they can announce player's names? As an example, a few years back at the Stadium field we were able to come up with some reasonable concessions that allowed the use of the PA but it was done in a way that is not invasive to the surrounding homes (structured volume control and how the speaker are situated). The amplified sound policy states the organization must receive permission from the Recreation Committee or designee to use amplified sound. -Question here is what precedence do I use to make calls on this? RYB announces for its all star games and World Series games each spring. I am not really sure how we distinguish permission between all these different events versus using the level of volume they are permitted to use as a standard. I have sent an email to the organization (Reading Bulldogs- John Halsey) alerting them that the level of sound/noise have caused for concern. I am sure there was no discussion of announcing and music when Mr. Halsey presented to the Recreation Committee, that's not to say the Committee would have been against it. I certainly think there needs to be some control of it if it's even considered going forward. If people have complained it is absolutely unacceptable and I will. solve the issue. John John A. Feudo Recreation Administrator 7/13/2010 Page 4 of 4 Town of Reading Office: 781-942-9075 Fax: 781-942-5441 jfeuda_a@ci.reading.ma.us VVebsite: www.readingma..gov/recreation, Please note new Town Hall Hours effective June 7, 2010:Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. Friday: CLOSED Please let us know how we are doing - fill out our brief customer service survey at http.;!/read.ingn a,- survey.virtualtownhall.net/survey/sid/de8bdaa 16db9e6b4/ From: Hechenbleikner, Peter Sent: Tuesday, July 06, 2010 3:26 PM To: Feudo; John Subject: A baseball team that uses Morton Field seems to have made loud amplified music part of their home games Saturdays, Sundays, weekday evenings. Completely inappropriate. Please handle this Peter I. Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading MA 01867 . Please note new Town Hall Hours effective June 7. 2010: Monday. Wednesday and Thursday: x:30 a.m - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. Friday: CLOSED phone- 781-942-9043 lax 781-94'2.-9071 ,,veb `vv`vR- readiiigma.gov' t rnail townma agera~7c.i.rc'[ding,ma.us Please let us know how we are doing - fill out our brief customer service survey at hat //;readial.glma. survey.virtualt:owiihall.net/sui-vv/sid,9lb54a927f d6I2c7/ 7/13/2010 ''~1lMtO ~`~G!LrI CQ~+n GGYr.Mra^~ d~j ie no kwz- M• t' t MAI'C Metro Boston North est Regional Multi-Hazard Mitigation Plan Reading Annex Board of Selectmen August 5, 2008 Participation in Regional Grant MAPC grant to develop a regional plan and 27 local plans. Regional grant includes communities in 3 MAPC subregions: MAGIC, MetroWest and North Suburban. Three regional committees. Regional plan: problems/solutions involving two or more communities and/or regional/state agencies. What Is Hazard Mitigation? r? To permanently reduce E or prevent losses of - life, injuries and property following natural hazards by ' using long-term rte, _ _ strategies. a,1907 4r t "k- let a Why is Reading doing this plan? Federal Disaster Mitigation Act of 2000 requires that a community must adopt a local plan in order to apply for certain grants. To fulfill this requirement, Reading joined in a regional effort. This plan fulfills that requirement and helps the Town matte good use of its resources. Plan for Preventing Damages from Natural Hazards Not an emergency response plan. Natural hazards only (flooding, earthquakes and other geologic hazards, tornadoes, hurricanes, winter storms, brush fires). Emphasis on flooding. How the Plan Was Developed Three regional committees; one per subregion. Local committee: Representatives from Reading DPW, Planning, Police, Fire, Emergency Mgt. Reading local plan ("annex") includes specific recommendations for the Town. 1 Locally Identified Hazard Areas :16 flood hazard areas. Two areas prone to brush fires. Future Mitigation Measures Mitigation Measure Priority Undertake a Saugus River drainage study. High Undertake an Abedona River drainage study. High Specific mitigation measures will be determined by the studies. State/Federal Review and Approval ly TA "r1,r Plans submitted to State Hazard Mitigation Officer (SHMO) for initial review. SHMO forwards to FEMA Region I for final review and approval. Highest Priority Areas Highest priority is the Saugus River watershed. Within watershed: t3 New Crossing @ DPW garage o S. Main Street because of flooding and access issues on Route 28. Ei Track Road at Line Road - potential flood damage to only bridge in area. Local Review of the Plan MAPC completes draft of plan. Public meeting to present the draft plan. MAPC revises plan based on final town review and public comment. Local Adoption of FEMA Approved Plan u The plan must be adopted by a vote of the Board of Selectmen. The vote must state that the Board of Selectmen has adopted the plan, not approved or accepted. n The Town Administrator must send a letter to FEMA stating that the Town has adopted the plan. 2 Plan Approval Means... Town is eligible to apply for any of five grant programs. FPMA has bundled five grant programs into one unified grant application: Hazard Mitigation Assistance (H&IA). a Pre-Disaster Mitigation Competitive (PDM-C) m Hazard Mitigation Grant Program (HMGP) n Flood Mitigation Assistance (FMA) o Repetitive Loss Program o Severe Repetitive Loss Program. Local plan must be reviewed, revised and resubmitted to FEMA in rive years to maintain eligibility. The Good News: Success stories in the Boston Region Melrose: Grant for 75% of a $1,439,900 project for the Converse Lane Flood Mitigation Project. Project will increase drainage capacity by replacing drains and adding catch basins. Saugus: Grant for $525,000 of a $700,000 project to install a second culvert at Shute Brook. Deadlines Applications must be submitted to MEMA by November 21. MEMA will screen applications and submit them to FEMA by December 19. PDM Plans are a pre-requisite and they must be APPROVED AND ADOPTED BY Dec. 19. Public Comment Tell us how natural hazards have affected you, your family or your business. What problem areas in the Town are the highest priority to fix? Do you have any questions about the plan or the recommendations? 3 ~v9 ARTICLE 5 - COMMUNITY SERVICES POLICIES Adopted 1111105 Section 5.1- Community Services Revolvinz Funds 5.1.1- Creation There are hereby created four donation funds within the Department of Community Services in the Town. These shall be kept separate and distinct. They are as follows: 1. Shopper Assistance Fund - Elder/Human Services Division 2. General Assistance Fund - Elder./Human Services Division 3. General Assistance Fund- Elder/Human Services Division 4. Health Prevention Fund - Health Division 5.1.2 - Purpose These funds are established as follows: Fund No. 1 - to pay the salary and expenses of the Shopper to assist the elderly in meeting their routine shopping needs. Fund No. 2 - to assist the elderly in times of need and when no other resources are available. Examples may include: helping to meet transportation expenses, or extraordinary repairs to property. This fund is set up so that in many instances, loans can be repaid and the moneys made available again. Fund No. 3 - similar to Fund No. 2, this fund is established to assist any resident of the Town in time of need, and when no other resources are available. Some elements of this fund may be set up on a loan basis, with repayment to P back into the fund. Fund No. 4 - to pay expenses of the Health Prevention Programs and Health fair. 5.1.3 - Procedures The following procedures are approved for the administration of these funds by the Board of Selectmen: 1. The funds are hereby established by the Board of Selectmen for the purposes stated. 2. When moneys are received, they will be deposited through the Treasurer- Collector, and a notation made in the appropriate monthly report. Gifts will be accepted for a particular fund, but with no other restrictions unless such restrictions are approved by the Board of Selectmen. 3. To expend moneys, the Department will use the normal Town bill-paying process, with prior approval required from the Director of Elder/Human Services for funds Number 1, 2, and 3, and the Health Services Administrator for Fund Number 4. The Town Manager shall also sign for expenditures from all funds. This will provide adequate checks and balances. 4. In the monthly report of the appropriate department'or division, mention will be made as to each circumstance of expenditure from the funds (omitting mention of the name of the individual recipient). 5. Annually, a summary report will be made to all donors, and to the Town in the Annual Report. The summary report will include the names (unless withheld at 5 - 1 Board of Selectmen Policies the donor's request) and amount of donations, and the purposes for which each expenditure was made., This system is initiated to keep the necessary confidentiality, to provide the appropriate checks and balances, and to provide for the operation of these funds in an efficient and expeditious manner, since much of the need is often emergency in nature. Adopted: September 13, 1988, amended 12-13-9, amended November 1, 2005 Section 5.2 Local Initiative Program (LIP) Regulations 5.2.1 Purpose These regulations set forth the substantive and procedural requirements for review of applications for Local Initiative Program (LIP) applications to the Board of Selectmen. These regulations are developed because, through the LIP program the Board of Selectmen is asked to join and sponsor an application for affordable housing in the Town of Reading. Therefore the Board of Selectmen needs to be assured that its participation in the project fully meets the Board's expectation for affordable housing developments in the Town of Reading. It is the intent of the Board of Selectmen to encourage applications for affordable housing under the LIP program, in order to give the Board of Selectmen and the Community an opportunity to have early input into affordable housing developments. In this, spirit, the Board encourages potential applicants to meet with staff, through the Town Planner, and to present conceptual plans through this process to the Board of Selectmen. 5.2.2 Concept Plan.Process Initial contact for presentation of conceptual plans under the LIP program will be through the Town Planner. The Town Planner shall inform the Board of Selectmen through the Town Manager, of interest expressed for a LIP project. The applicant shall work through staff, and through whatever other process the Board of Selectmen shall determine from time to time, including the creation of a Working Group of interested parties. The use of the concept plan process is not intended to either extend or delay the time frames otherwise allowed for a LIP or Comprehensive Permit process. Working with the Town in a concept plan process will not prejudice any formal process for a project that the applicant may later pursue. The concept,plans prepared and presented under this process will be presented in sufficient detail and number of plans as the Town Planner may require, in order for the Town to be able to adequately understand the proposal, and to have as complete an initial review and comment as practical. At a time or times to be mutually arranged by the. Town Manager and the Applicant, a presentation on a LIP conceptual plan shall be made to the Board of Selectmen. Depending upon the direction from the Board of Selectmen, the Applicant may then be.asked to prepare a complete LIP application to the Board of Selectmen. 5-2 Board of Selectmen Policies 5.2.3 - Complete Application A complete application for a LIP shall consist of not less than 20 copies (the Town may require additional copies if needed) of the following materials required to make up a complete application: An application form which includes the following information: • Name of applicant • Address of site • Number of units proposed • Type of housing proposed (ownership or rental) and style of construction (single family detached, townhouse, garden style, etc.) • Name of housing program under which project eligibility letter or site approval letter is sought • Relevant details of the proposed project (e.g.*, percentage of affordable units, income-eligibility standards, duration of the affordable housing restrictions, how the developer will comply with the limited dividend aspect of the program, etc.) • Market feasibility report • A complete list of projects of a similar scope (including but not limited to comprehensive permit projects) that the applicant has undertaken or which are in progress during the past 5 years. Included shall be a list of the projects, number of units, program used for funding, name of the local official(s) responsible for permitting and monitoring the project, and status of approval/construction, • . Evidence of site control (e.g., preliminary determination by the subsidizing agency that the developer has a sufficient interest in the site, or a purchase and sale agreement, or a deed); • Evidence that the project developer is a nonprofit, a public agency, or a limited dividend organization; • Preliminary site development plans (signed by a registered architect or other pertinent design/engineering professional) at a scale approved by the Town Planner, showing: • the proposed location and footprints of all buildings; • changes in grading and topography; • parking, roads, walkways and driveways (including materials); • Landscaping and open space; • Zoning, including any overlay districts, and a zoning table showing what waivers may be requested; • Wetlands delineated by the Reading Conservation Commission , including all buffers; and vernal pools including all buffers; • infrastructure; • utilities, showing location and types of water, and wastewater, including hydrants; ` • storm water facilities designed to meet federal and state standards. • An existing conditions plan including: • metes and bounds description of the site; 5-3 Board of Selectmen Policies • the location of all existing buildings; • the location of all streets, parking, driveways; • open spaces, topography, wetlands and buffer areas, vernal pools and buffer areas; • on-site infrastructure, utilities, and storm water facilities. • Scaled preliminary architectural drawings showing location, use, and building materials for existing and proposed buildings, including all elevations; and cross sections as required. Building tabulations (number and type of buildings, number and size of units, including number of bedrooms per building, floor area of units, building and impervious surface coverage); • Traffic patterns on the site and in the neighborhood; • Use and character of open space in the neighborhood and on and abutting the site; • Preliminary subdivision plan (if applicable); • List of waivers sought by developer from any and all local regulations, policies and by- laws; • Financial Pro-Forma, in a form and format as may be required by the Town Planner; • Proposed regulatory agreement; • Proposed monitoring agreement; • Payment of filing fee - Applicants shall pay advertising costs and postage for abutter notification; • Additional information the Board of Selectmen determines is necessary to make a sound decision; • List of state or other local approvals necessary to be sought and granted prior to the issuance of a building permit for project The Board of Selectmen may waive any of the requirements above when it determines that it is in the best interest of the Town to do so. 5.2.4 - Review Fees . The Board of Selectmen may employ outside consultants to provide technical or legal assistance in reviewing a LIP application. The Board of Selectmen may require the developer to pay all or part of the consultant's fees. Consultants may include but shall not be limited to special counsel to the Board of Selectmen, traffic, design review, lighting, and/or real estate consultants. To the extent that the Board of Selectmen requires the use of outside consultants to provide technical or legal assistance, and if the Board of Selectmen ultimately approves the LIP and it goes before the Reading ZBA for, the Comprehensive Permit application, the work of the consultants in that particular area of expertise for the Board of Selectmen may be relied upon by the ZBA in its deliberations. A review fee may be imposed only if: • The work is in conjunction with the developer's project; • All written results and report are made part of the LIP record; All fees assessed shall be reasonable in light of the: Complexity of the proposed project; Complexity of the particular issues 5-4 Board of Selectmen Policies • Number of dwelling units proposed; • Size and character of the site. 5.2.5 - Procedures Applicants are strongly encouraged to meet with the Town Planner or. designee prior to submitting an application. The Board of Selectmen shall open a public hearing on the LIP application within 45 days of receipt of the complete application. The hearing shall be noticed by the Town, at the expense of the applicant, to abutters and to the general public in the manner prescribed by law for a hearing on a. Comprehensive Permit application. . The Board of Selectmen shall notify and send copy of application to all applicable local boards. and officials of the application for a LIP within seven working days of receipt of application. These Boards and officials include but are not limited to: Community Planning and Development Commission, Conservation Commission, Board of Health, Reading Housing Authority, Historic Commission, Water and Sewer Commission, Town Manager, Town Planner, Town Engineer, Director of Public Health, Conservation Administrator, Director of Public Works, Police Chief, and Fire Chief. Applicant shall provide adequate copies of application to accommodate this notification. 5.2.6 Decisions The Board of Selectmen shall render a decision, within 45 days of the close of the public hearing. If the Board of Selectmen approves the LIP, the decision may include conditions. General conditions shall include but shall not be limited'to: 1. For condominium projects, legal review and approval of final condominium documents prior to the issuance of a building permit; 2. For all projects, legal review and approval, of deed riders prior to the issuance of a building permit; 3. A requirement that the affordable units remain affordable in perpetuity; the affordable units should have this "affordable in perpetuity" clause stated in their deeds 4. A requirement that the phasing of the project be specified and that the phasing of the affordable units be similar to the phasing of the market rate units; 5.2.7 Condominium Documents All condominium documentation shall state that: 1. Unit owner's percentage interest in the condominium association shall be based on initial unit sales price (not square footage of the unit); 2. There shall be one vote per unit owner, unless MGL c 183A requires otherwise; 3. Condominium documents shall prohibit amendments to affordability provisions. 5.2.8 Amendments to Approved Plans If after the approval of a LIP a developer seeks to change its proposal as approved by the Board of Selectmen, it shall promptly notify the Board of Selectmen in 5-5 Board of Selectmen Policies writing, describing such change. Within 20 days the Board of Selectmen shall determine and notify the developer whether it deems the change substantial or insubstantial. If the Board of Selectmen determines the change is insubstantial, the comprehensive permit shall be deemed to incorporate the change. If .the Board of Selectmen determines the change is substantial, it shall hold a public hearing within 30 days of its determination and issue a decision within 40 days of the close of the hearing. All Boards, Committees, Commissions, and Officials who are designated to receive a copy of the plans under section 4.02 of these regulations shall be given a copy of the revised plans within 7 days of the receipt of the revised plans, and shall be given an opportunity to comment on the revisions within the time frame designated above. Only the changes in the proposal or aspects of the proposal affected thereby shall be at issue in the hearing. 5.2.9 Reasonable Profits Profits shall be reasonable and shall be limited as follows: 1. Homeownership Projects: Not more than 20% of total development costs (TDC). TDC does not include overhead, profits and management consulting fees. Overhead shall not be more than 5% of the total development costs (net of profits, management consulting fees and overhead). 2. Rental Projects: Annual return of not more than 10% of equity (equity being the difference between TDC, as defined by the NEF construction loan documents, and the amount of the construction loan. This difference may not be equal to the developer's cash invested. TDC includes an allowable fee for developer's overhead (5% of TDC, excluding site acquisition and developer overhead and fee) and developer fees (20% of TDC). 5.2.10 Allowable Acquisition Costs 1. The development pro forma must list a land value that is the lower of the (i) last "arm's length transaction" (if within 3 years) plus reasonable carrying and/or maintenance costs or (ii) the value under the pre-existing zoning regulations, plus reasonable carrying costs. 2. "Last arm's length transaction" shall not involve an identity of interest between the seller and the buyer or any party related to the buyer. 3. "Pre-existing zoning regulations", concerns the time the option or purchase and sale agreement is executed. 4. "Reasonable carrying costs" includes interest, taxes, insurance and the costs related to option agreements. (These costs plus the acquisition. costs cannot exceed the appraised value of the land under the density permitted by a comprehensive permit). 5.2.11 Regulatory Agreements 1. The purpose of the regulatory agreement is to provide legal assurances that the developer will (i) construct and maintain the units in accordance with these Rules and (ii) be limited to a reasonable profit for the project subject to the regulatory agreement (as set forth in §9.00 above). 5-6 Board of Selectmen Policies 2. The regulatory agreement shall: • Include a definition of "profit"; • Limit profits on homeownership projects to no more than 20%; • Limit profits on rental projects to an annual return of no more than 10% of equity; Require a full compilation and certification of total development costs (net of related-party expenses) and total revenue, on a federal income tax basis, prepared and certified by a CPA, acceptable to the monitoring agent and the town; • Be executed by the Town, the lending bank, and the developer. 5.2.12 Monitoring Agreements The purpose of the monitoring agreement is to provide legal assurances that there is a public entity (or a private entity responsible to a public entity) to oversee compliance with the terms of the regulatory agreement and deed rider. Citizens Housing and, Planning Association (CHAPA) shall be the monitoring agent if CHAPA agrees to do so. If not, the Board of Selectmen will determine what other agency will assume this responsibility. If CHAPA is the monitoring agent the per unit fees for monitoring the affordable units shall be as required by CHAPA; otherwise the fees shall comparable to CHAPA's fees to the accepted monitoring agent. The developer shall.pay all monitoring fees. 5.2.13 Affordability Restrictions - all applications Homeownership Projects: 1. The formula for determining resale price shall be the lesser of (1) the appraised value of the unit multiplied by a discount rate (established by a ratio between the original sales price of the affordable unit compared to the original sales price of a market-rate unit); or (2) a price based on an annual debt service on a mortgage plus taxes, insurance and condominium fees (assuming a 10% down payment) that does not exceed 30% of the annual income of a household earning 70% of the median income of the Boston Metropolitan Area. 2. Upon resale, the owner of the affordable unit shall be required to actively market the affordable unit to eligible purchasers for up to 120 days, after shich .time the unit will be offered to the Reading Housing Authority or other Community Development Corporation as an affordable unit. 3. Excess profits shall be returned to the town's Affordable Housing Trust Fund or other designated fund to be used for affordable housing purposes as per Section 9.01.1 and 9.01.2. 4. Rental Projects (all applications): Affordable rents (including utilities) shall be limited to 30% of the annual income of a household whose income is 80% of the median income of the Boston Metropolitan Area or established pursuant to a rent schedule set by the Town or its designee. 5-7 Board ofSelectnzen Policies 5.2.14 Buyer/Tenant Selection - all applications Buyers of affordable units shall: 1. Be first time homebuyers and not have had an ownership interest in a residence in three years preceding the date of the closing of the loan except that a single parent, with one or more children living with him or her, who has been divorced or widowed within the preceding three years and who no longer owns a home, or, who is in the case of a divorced person, is subject to a court order or separation agreement to sell the home and divide the proceeds, or, in the case of a widowed person, whose home.is subject to a binding purchase and sale agreement for sale, will be considered a first time homebuyer, notwithstanding prior home ownership during those preceding three years, provided such widowed or divorced person is eligible in other respects; 2. Have a household income of 80% or less of the median income of Boston Metropolitan Area. 3. Renters of affordable units shall have a household income of less than 80% of the median income of Boston Metropolitan Area; 4. Developers shall have a Town-approved affirmative marketing plan.. 5.2.15 Owner Occupancy Requirements All units sold under a home ownership LIP program shall be owner-occupied. 5.2.16 Affordable Unit Design and Location - all applications • The affordable units shall be indistinguishable from the market rate units. • Affordable units shall be dispersed throughout the project. • Local residents shall have a preference on 70% of the affordable units Adopted July 22, 2003, amended November 1, 2005 Section 5.3 Local Preference for Affordable Housing The following shall constitute the Town of Reading policy regarding the local preference for affordable housing. This policy shall apply to LIP applications, and shall apply in any and all other situations where there is a production of affordable housing within the Town of Reading, and for which a local preference is available. The following criteria are to be considered equal in value: • Current residents - A household in which one or,more members is living in the Town of Reading at the time of application. Documentation of residency must be provided which may include appearance on the Town Census, rent receipts, utility bills, or voter registration. • Family of current residents - Close relatives of current residents of the Town of Reading, including children or parents of a Reading resident. • Municipal Employees - Employees of any of the Departments of the Town of Reading, including the School Department, Light Department, and Municipal Government departments. • Employees of Local Businesses - Employees of local businesses located within the Town of Reading. Documentation may be required, including pay receipts, or similar proof that the employee is working in the town of Reading. Adopted November 1, 2005 5 - 8 Board of Selectmen Policies